City Council

LOWELL CITY COUNCIL REGULAR MEETING TUESDAY JANUARY 15, 2013 CITY HALL, CITY COUNCIL CHAMBER TIME 6:40 PM C. Lorrey requested moment of silence in darkened chamber for three individuals; Ethel Callahan, Ernest Lambert and Delmo Alberghini. C. Mercier spoke of Mr. Lambert. Roll call showed 8 present. C. Martin arrived at 6:45 PM for 9 present. Mayor Murphy Presiding. MAYOR’S BUSINESS Communication – Quarterly Report RE: Council Employees (Manager, Clerk, Auditor) benefits. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Nuon. So voted. CITY CLERK Minutes of City Council Meeting January 8th; Finance Subcommittee January 8th; and Rules Subcommittee January 8th, for acceptance. In Council, read, accepted and placed on file by Motion of C. Kennedy, seconded by C. Lorrey. So voted. CITY AUDITOR Communication – 2nd Quarter 2013 Cash Controls Review; December Budget Reports. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Leahy. So voted. C. Mendonca questioned two transfers and the Auditor gave explanations for same. C. Leahy questioned the percentage of budgeted money used to date. UNFINISHED BUSINESS Vote – Accept Ch. 32B, s. 20. In Council, Motion by C. Mendonca, seconded by C. Mercier “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Kennedy, seconded by C. Mendonca. Adopted on roll call vote 9 yeas. So voted. Motion to Suspend Rules to bring item #16 forward on the agenda by C. Mercier, seconded by C. Nuon. So voted. By C. Mercier – “Req. to re-new Home Rule Petition with this new City Council to lower voting age to 17 for Municipal Elections.” In Council, seconded by C. Nuon, read and referred to a Vote. So voted. Registered speakers, Cindy Chavez and Debbie An, addressed the Council regarding the initiative and asked for their support. C. Mercier commented about the renewed challenge to the cause and the group effort being put towards that. City Solicitor O’Connor noted the time frame to file the petition was closing in and a vote would be needed this evening and she also recognized Representative Murphy’s contribution to the effort. Motion to Suspend Rules and allow a vote before the Council by C. Mercier, seconded by C. Nuon. So voted. Vote – Filing 1 special legislation to allow citizens 17 years of age to vote in Lowell municipal elections. In Council, Motion by C. Mercier, seconded by C. Nuon “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Mercier, seconded by C. Nuon. Adopted on roll call vote 9 yeas. So voted. Motion to Suspend Rules to bring item #24 forward on the agenda by C. Lorrey, seconded by C. Mendonca. So voted. By C. Lorrey – “Req. City Council vote to dedicate the community park and garden on Whiting Street in honor of Wilfred Levasseur (founder of Cote’s Market).” In Council, seconded by C. Leahy, read and referred to the Parks Department. So voted. C. Lorrey noted the motion came at the request of neighborhood groups and he gave a brief biography of Mr. Levasseur. Dave Oullette gave a history and description of Whiting Street park and garden. Roger Levasseur spoke of his father and thanked Council for the honor. C. Mercier commented on the recipient. CITY MANAGER Communications - From City Manager—Responses to City Council Motions and Requests and Informational Materials. In Council, read, accepted and placed on file by Motion of C. Mendonca, seconded by C. Mercier. So voted. C. Mendonca commented on early projections for 20 Million dollar bond for improvements and he stated he would be looking for future projections. Mr. Moses (CF) spoke to the report. Manager commented that they are exploring all opportunities. C. Lorrey noted downtrend in revenues in the garages. Manager noted that revenues may stabilize during the course of the year. C. Lorrey commented on expanding kiosk system and that they are a significant revenue generator. VERBAL REQUEST OF 1/8/13 BY COUNCILOR ELLIOTT “Will the University Avenue bridge need to be closed this summer as part of the construction project? If so are contingency plans in place to address traffic impacts?” C. Elliott thanked administration for the report and questioned the dedication of the Howe Bridge. Manager Lynch noted it was a state project but a city bridge and that they are looking forward to dedication. COUNCIL MOTION OF 12/11/12 BY COUNCILOR LORREY “Request the City Manager have proper department review the traffic conditions on Andrews Street and Lupine Road and report and recommend possible solutions.” C. Lorrey noted the report and acknowledged the work of the traffic engineer. COUNCIL MOTION OF 11/13/12 BY COUNCILOR MERCIER “Request the City Manager meet with all potential participants to achieve successful city wide implementation of the Darkness to Light child sexual abuse prevention program.” No discussion on matter. COUNCIL MOTION OF 10/9/12 BY COUNCILOR MERCIER 2  “Request the City Manager have the proper department repair defect in roadway in front of 369 Andover Street. (in concrete)” C. Leahy questioned if there are any plans to improve road. Manager noted the repairs are expensive and the utility companies must take better approach in repairing them. C. Mercier commented that work was done a while ago on the street and she also had questions regarding the use of performance bonds on the repairs. Manager noted the hiring of construction engineer who would assist in tracking the repairs and overseeing problems. C. Kennedy questioned the procedures in place for street repairs. Manager outlined the procedure and when inspections are done. C. Kennedy requested a report and questioned if help would be needed to assist in the task. FOLLOW UP TO COUNCIL MOTION OF 10/16/12 BY C. LORREY “Req. City Mgr. Form a problem property task force similar to the one used in Boston.” C. Lorrey thanked administration for setting up task force and noted that having own letterhead would be most effective in operation of the task force. FOLLOW UP TO COUNCIL MOTION OF 10/16/12 BY C. LORREY “Req. City Mgr. have proper department provide a list of possible sites for outdoor skating this winter.” C. Lorrey noted he would be filing motions regarding enlarging rinks and adding new ones in the City. Informational New bus shelters installed – C. Leahy spoke of dedication of new shelters. School Safety Meeting – C. Leahy noted it was an excellent presentation. Flu season information. – C. Elliott questioned the availability of the shot and the steps the City is taking to get more. C. Nuon commented all notices should be out in multi-language format. Motion to Suspend Rules to bring items #20 and #21 forward on the agenda by C. Martin, seconded by C. Lorrey. So voted. By C. Martin – “Req. City Mgr. have proper department take measures to publicize the availability of Flu Shots.” In Council, seconded by C. Nuon, read and referred to the City Manager. So voted. C. Martin encourage getting the shot as a public health benefit and noted that there are plenty of shots available throughout the City. By C. Nuon – “Req. City Mgr. have proper department prepare a report regarding preparedness in addressing flu epidemic issues.” In Council, seconded by C. Martin, read and referred to the City Manager. So voted. C. Nuon noted that City needs to get shots and to inform the public that shots are available to them even if not done by the City. Communication - From City Manager request approval Out of State Travel (2) LPD. In Council, Read Motion by C. Mercier, seconded by C. Leahy “To approve”. Approved on roll call vote 9 yeas. So voted. C. Nuon commented on training element that would be received. 3 Vote – Incur liability snow and ice removal. In Council, Motion by C. Martin, seconded by C. Mendonca “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Kennedy, seconded by C. Elliott. Adopted on roll call vote 9 yeas. So voted. C. Elliott questioned the report on snow and ice. Manager noted the amount of budget that has been used and the amount that remains. Mr. Moses outlined the snow and ice budget. Manager noted he would provide a report on the new salt machines. C. Kennedy questioned how much in budget goes to clean up and how much goes to set up. Manager would provide a report with that information. Vote-Authorize Manager Execute MOU SEIU Local 888 (Water/Wastewater) 7/1/10- 6/30/12. In Council, Motion by C. Mendonca, seconded by C. Nuon “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Martin, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. Vote-Transfer $16,000 (Munis Animal Licensing). In Council, Motion by C. Mendonca, seconded by C. Nuon “To Waive Full Reading”. So voted. Read twice and Motion “to adopt” by C. Leahy, seconded by C. Lorrey. Adopted on roll call vote 9 yeas. So voted. C. Mercier had questions regarding transfer. Mr. Moses outlined the transfer and explained reasoning behind it. Mr. Moses noted it was enhanced software that would integrate with the city system concerning data base management. C. Mendonca noted it was a one-time purchase. Manager commented that the software could improve registration fees and noted items that had been purchased out of that fund. C. Kennedy commented that training was part of the purchase of the software. C. Leahy commented on notification of rabies shots to the Clerk’s Office. REPORTS (Sub/Committee, if any) Public Safety Subcommittee January 15th. In Council, Motion by C. Nuon, seconded by C. Mercier “To accept the report as a report of progress”. So voted. C. Martin issued report regarding meeting and outlined topics discussed. He commented on Power Point Presentation by Supt. Lavallee (LPD) and noted efforts being done to reduce crimes with guns and gang activity. He noted the upcoming gun buyback program. Vote – RE: Recommendation of Rules Subcommittee. In Council, C. Kennedy outlined the oversight special meetings history and that it was to be done on trial basis and the Rules Subcommittee reviewed the matter. Motion by C. Kennedy “To adopt the recommendations of the Rules Subcommittee to have 8 special meeting (excluding summer schedule) on the last Tuesday of the month before the regular council meeting for oversight of the clerk, auditor and manager”, seconded by C. Lorrey. So voted. C. Elliott commented on the meaning of a special meeting. Solicitor O’Connor noted special meetings are additions to the regular council meetings. Substitute Motion by C. Elliott “To approve quarterly meetings for manager and oversight of clerk and auditor remain in the oversight subcommittee”, seconded for discussion by C. Martin. C. Martin noted that manager did not need such a meeting as he meets every Tuesday with the Council. C. Kennedy noted that the Clerk/Auditor Oversight Subcommittee was reconvened after the special meetings began so there is a change in landscape but that he 4 would support the subcommittee recommendation. C. Elliott noted there may be confusion with all of the meetings and he withdrew his substitute motion. C. Kennedy commented he would like a more open format. C. Martin remarked that the open meeting law requires the listing of topics in advance. C. Mercier agreed with the compromise that has been reached in the matter. C. Noun noted the special meetings were helpful to him and supports the recommendation. C. Lorrey noted the Council should dictate the meetings. GENERAL PETITIONS Claims (1) claim for property damage. In Council, Motion by C. Kennedy, seconded by C. Mercier, “To refer to Law Department for report and recommendation.” So voted. Misc. – Peter Marlowe, Tyngsboro, Ma., request zoning change for land known as 14 and 16 Third Street. In Council, Motion by C. Lorrey, seconded by C. Mendonca, “To refer to Law Department to draft the ordinance.” So voted. C. Leahy question the process. MOTIONS By C. Mercier – “Req. City Mgr. provide update on the Water Utility investigation in an Executive Session Meeting.” In Council, seconded by C. Lorrey, read and referred to the City Manager. So voted. C. Mercier commented that she needs information on the matter. Manager noted he will bring forward the information. By C. Mercier – “Req. City Council recognize Lynne Brown Zounes and her new business New England Adult Day Health Center at following City Council meeting.” In Council, seconded by C. Lorrey, read and referred to the Mayor. So voted. C. Mercier spoke of the business and that they should be recognized. C. Mercier would like to have her before the Council at the meeting. C. Lorrey noted that he provided a citation to the owner at the opening. By C. Elliott – “Req. City Mgr. /City Clerk report on status of ethics training requirement for 2012.” In Council, seconded by C. Kennedy, read and referred to the City Manager/City Clerk. So voted. C. Elliott questioned where the process was going. C. Martin noted tracking will be the challenge and that H/R department will need to be involved. Solicitor O’Connor noted that information is sent out clarifying what is needed. By C. Elliott – “Req. City Mgr. report on appointments to Lowell Commission on Disability.” In Council, seconded by C. Lorrey, read and referred to the City Manager. So voted. C. Elliott questioned what appointments are coming forward. Manager noted that next week appointments will be updated and some will be removed as well. By C. Mendonca – “Req. City Mgr. provide a plan to address “Unaccepted Streets”; naming the streets and mileage to be addressed in the current FY and each of the next 5 fiscal years.” In Council, seconded by C. Mercier, read and referred to the City Manager. So voted. C. Mendonca commented that the must be diligent in pursuing Chapter 90 money for streets. Manager noted he will provide a report. 5 By C. Nuon – “Req. City Mgr. prepare updated list of capital improvements for 2013 and 2014.” In Council, seconded by C. Mercier, read and referred to the City Manager. So voted. C. Nuon noted there are always changes in this area. Manager noted he would provide the plan updating the old and new projects by end of February. By C. Leahy – “Req. City Council set a date to discuss the Master Plan either in subcommittee or special meeting during the month of January.” In Council, seconded by C. Kennedy, read and referred to the Manager. So voted. C. Leahy is looking for final draft. Manager noted it is beginning of community input phase and that information is being added to the plan. By C. Lorrey – “Req. City Council support the past and continuing efforts of our state delegation in modifying MGL c. 30B, particularly as it relates to efforts of selecting Massachusetts bidders over out of state bidders.” In Council, seconded by C. Kennedy, read and referred to the City Solicitor. So voted. C. Lorrey noted Friday may be dead line and that Representative Golden is leading this charge in Boston. By C. Lorrey – “Req. City Council request our state delegation file legislation to amend the Victim’s Rights Act so that municipalities may be legally recognized by the courts as a victim during plea and sentencing proceedings.” In Council, seconded by C. Nuon, read and referred to the City Solicitor. So voted. C. Lorrey noted there is a need to modify the language so that a city may voice as a victim. 27. EXECUTIVE SESSION – To review for release the Executive Session Minutes regarding contract negotiations with City Auditor (non-union personnel). In Council Mayor Murphy stated the purpose in detail for going into Executive Session as well as noticed on Agenda for this meeting. Mayor Murphy informed the public before entering into Executive Session that the Council would adjourn from the Executive Session and not return to the public session. Motion by C. Mercier, seconded by C. Mendonca “To enter into Executive Session to review for release the Executive Session Minutes regarding contract negotiations with City Auditor (non-union personnel).” Adopted on Roll Call vote 9 yeas. So voted at 9:00 PM. Motion to Adjourn by C. Kennedy, seconded by C. Mendonca. So voted. Adjourn at 9:15 PM. Michael Q. Geary City Clerk 6